Sept. 18th New Law Webinar to Focus on Vapor Intrusion

September 7, 2012 Vapor intrusion is a new and developing environmental concern. Regulators at the federal and state level are grappling with the issue.

In many cases regulators are now requiring that soil vapor issues be assessed when sites are being investigated. Sites that have been cleaned up in the past are now being reevaluated to be determine whether vapor impacts may be present. In some cases federal and state authorities are asking responsible parties to step back in, investigate vapor impacts and, when necessary, undertake corrective measures.

At the moment states across the country have adopted varying regulatory approaches addressing the issue. The U.S. Environmental Protection Agency (EPA) is poised to issue guidance later this fall to that clarify how the vapor intrusion issue should be managed.

The vapor intrusion issue raises liability concerns and legal issues for landowners, tenants, lenders and neighbors. Attorneys and environmental professionals who are involved with environmental due diligence and want to learn how vapor intrusion will affect real estate transactions and future cleanups should consider attending an upcoming New Law Webinar on Vapor Intrusion sponsored by Minnesota CLE. The one-hour webinar will be held on Tuesday, September 18, 2012 at Noon Central Standard Time. Tuition for the session, which is approved for Minnesota CLE credit, is $75.

Environmental law attorney Joseph Maternowski, who has extensive experience in addressing sites where vapors have been identified, will participate in the session. Joe will be joined by Ken Haberman, President of Landmark Environmental, an environmental consulting firm that specializes in Brownfield redevelopment, site investigations and remediation. Ken will describe the technical challenges raised when soil vapor exceedances are encountered. Viewers will have the opportunity to submit questions. To register for this webinar on the vapor intrusion topic, please visit the Minnesota CLE website at: http://www.minncle.org/seminardetail.aspx?ID=127551301.

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Agencies use guidance to make policy. Guidance can be developed and implemented quickly. When agencies use guidance instead of the more formal rulemaking process, they risk Court review and a finding that the guidance is an unpromulgated use. One example of Agency guidance is the Minnesota Pollution Control Agency’s Best Management Practices for Vapor Investigation and Building Mitigation Decisions.

Joseph Maternowski, was named Best Lawyer in the fields of Environmental Law and Litigation – Environmental in Minnesota by Best Lawyers® in 2018. Mr. Maternowski, a shareholder at the Hessian & McKasy law firm in Minneapolis, Minnesota, concentrates his practice on handling the environmental aspects of real estate and commercial transactions with an emphasis on managing the issues […]

NOTE: **Being named to the list or receiving the award is not intended and should not be viewed as comparative to other lawyers or to create an expectation about results that might be achieved in a future matter.